§ 921.99. Penalties.

(A)

Whoever violates Section 921.01-06, 921.01-07, 921.01-08, 921.10, Division (I) of Section 921.111, Section 921.13, 921.34, 921.66 or Section 921.70 of this chapter is guilty of a misdemeanor of the first degree.

(B)

Whoever violates a provision of this chapter or a rule adopted thereunder, for which no penalty is otherwise provided, is guilty of a minor misdemeanor.

(C)

Whoever violates Section 921.07 or 921.12 of this chapter without causing injury to persons or damage to property is guilty of a misdemeanor of the fourth degree.

(D)

Whoever violates Section 921.07, 921.12, or 921.92 of the city code causing injury or damage to property is guilty of a misdemeanor of the third degree.

(E)

Whoever violates subsection (G) of Section 921.30 or Section 921.131, 921.25, 921.321, 921.33, 921.38, 921.39, 921.40, 921.69, or 921.92 of this chapter is guilty of a misdemeanor of the fourth degree.

(F)

Whoever violates Section 921.11 of the city code is guilty of a misdemeanor of the first degree and shall be punished as provided in subsection (F)(1), (2) or (3) of this section.

(1)

Except as otherwise provided in Division (F)(2) or (3) of this section, the court shall sentence the offender to a term of imprisonment of three (3) consecutive days and may sentence the offender pursuant to Section 2929.24 of the Revised Code to a longer jail term . In addition, the court shall impose upon the offender a fine of not less than one hundred fifty ($150.00) or more than one thousand dollars ($1,000.00).

The court may suspend the execution of the mandatory jail term of three (3) consecutive days that it is required to impose by Division (F)(1) of this section if the court, in lieu of the suspended jail term , places the offender under a community control sanction pursuant to Section 2929.25 of the Revised Code and requires the offender to attend, for three (3) consecutive days, a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code. The court also may suspend the execution of any part of the mandatory jail term of three (3) consecutive days that it is required to impose by Division (F)(1) of this section if the court places the offender under a community control sanction pursuant to Section 2929.25 of the Revised Code for part of the three (3) consecutive days; requires the offender to attend, for that part of the three (3) consecutive days, a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code; and sentences the offender to a jail term equal to the remainder of the three (3) consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of community control, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the program. The court also may impose any other conditions of community control on the offender that it considers necessary.

(2)

If, within six (6) years of the offense, the offender has not been convicted of or pleaded guilty to one violation of Section 921.11 of the city code, or Section 1547.11 of the Revised Code, or a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or a combination of them, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol , a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, of Division (A)(1) of Section 2903.06 of the Revised Code, or of Division (A)(2), (3), or (4) of Section 2903.06 of the Revised Code or Section 2903.06 or 2003.07 of the Revised Code as they existed prior to March 23, 2000, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them, the court shall sentence the offender to a jail term of ten (10) consecutive days and may sentence the offender pursuant to Section 2929.24 of the Revised Code to a longer jail term . In addition, the court shall impose upon the offender a fine of not less than one hundred fifty ($150.00) nor more than one thousand dollars ($1,000.00).

In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code.

(3)

If, within six (6) years of the offense, the offender has been convicted of or pleaded guilty to more than one (1) violation identified in Division (F)(2) of this section, the court shall sentence the offender to a jail term of thirty (30) consecutive days and may sentence the offender to a longer jail term of not more than one (1) year. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty ($150.00) or more than one thousand dollars ($1,000.00).

In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3793.10 of the Revised Code.

(4)

Upon a showing that serving a jail term would seriously affect the ability of an offender sentenced pursuant to Division (F)(1), (2) or (3) of this section to continue the offender's employment, the court may authorize that the offender be granted work release after the offender has served the mandatory jail term of three (3), ten (10) or thirty (30) consecutive days that the court is required by Division (F)(1), (2) or (3) of this section to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place in which the jail term is served and the time actually spent under employment.

(5)

Notwithstanding any section of the city code or Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of being imprisoned of serving a jail term, no court shall suspend the mandatory jail term of ten (10) or thirty (30) consecutive days required to be imposed by Division (F)(2) or (3) of this section or place an offender who is sentenced pursuant to Division (F)(2) or (3) of this section in any treatment program in lieu of being imprisoned or serving jail term until after the offender has served the mandatory jail term of ten (10) or thirty (30) consecutive days required to be imposed pursuant to subsection (F)(2) or (3) of this section. Notwithstanding any section of the city code or Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of being imprisoned or serving a jail term, no court, except as specifically authorized by Division (F)(1) of this section, shall suspend the mandatory jail term of three (3) consecutive days required to be imposed by Division (F)(1) of this section or place an offender who is sentenced pursuant to Division (F)(1) of this section in any treatment program in lieu of imprisonment until after the offender has served the mandatory jail term of three (3) consecutive days required to be imposed pursuant to Division (F)(1) of this section.

(6)

As used in Division (F) of this section, "jail term" and "mandatory jail term" have the same meaning as in Section 2929.01 of the Revised Code.

(G)

Whoever violates Section 921.304 of the city code is guilty of a misdemeanor of the fourth degree and also shall be assessed any costs incurred by the city in disposing of an abandoned junk vessel or outboard motor, less any money accruing to the city.

(H)

Whoever violates subsection (B) or (C) of Section 921.49 of the city code is guilty or a minor misdemeanor.

(I)

Whoever violates Section 921.31 of the city code is guilt offense. On each subsequent offense, the person is guilty of a misdemeanor of the third degree.

(J)

Whoever violates Section 921.05 or 921.051 of the city code is guilty of a misdemeanor of the fourth degree if the violation is not related to a collision, injury to a person, or damage to property and a misdemeanor of the third degree if the violation is related to a collision, injury to a person, or damage to property.

(K)

The sentencing court, in addition to the penalty provided under this section for a violation of this chapter or rule adopted under it that involves a powercraft powered by more than ten (10) horsepower and that, in the opinion of the court, involves a threat to the safety of persons or property, shall order the offender to complete successfully a boating course approved by the national association of state boating law administrators before the offender is allowed to operate a powercraft powered by more than ten (10) horsepower on the waterways of this city. Violation of a court order under this division is punishable as contempt under Chapter 2705 of the Revised Code.

(Ord. 805-05 § 1 (part): Ord. 2276-2006 § 1 (part).)